The Paternity and Adoption Leave Regulations 2002

Notice and evidential requirements for leave under regulation 8

10.—(1) An employee must give his employer notice of his intention to take leave in respect of a child under regulation 8, specifying—

(a) the date on which the adopter was notified of having been matched with the child;

(b) the date on which the child is expected to be placed with the adopter;

(c) the length of the period of leave that, in accordance with regulation 9(1), the employee has chosen to take, and

(d) the date on which, in accordance with regulation 9(3) or (4), the employee has chosen that his period of leave should begin.

(2) The notice provided for in paragraph (1) must be given to the employer—

(a) no more than seven days after the date on which the adopter is notified of having been matched with the child, or

(b) in a case where it was not reasonably practicable for the employee to give notice in accordance with sub-paragraph (a), as soon as is reasonably practicable.

(3) Where the employer requests it, an employee must also give his employer a declaration, signed by the employee, to the effect that the purpose of his absence from work will be that specified in regulation 8(1) and that he satisfies the conditions of entitlement in regulation 8(2)(b) and (c).

(4) An employee who has given notice under paragraph (1) may vary the date he has chosen as the date on which his period of leave will begin, subject to paragraph (5) and provided that he gives his employer notice of the variation—

(a) where the variation is to provide for the employee’s period of leave to begin on the date on which the child is placed with the adopter, at least 28 days before the date specified in the employee’s notice under paragraph (1) as the date on which the child is expected to be placed with the adopter;

(b) where the variation is to provide for the employee’s period of leave to begin on a date that is a specified number of days (or a different specified number of days) after the date on which the child is placed with the adopter, at least 28 days before the date falling that number of days after the date specified in the employee’s notice under paragraph (1) as the date on which the child is expected to be placed with the adopter;

(c) where the variation is to provide for the employee’s period of leave to begin on a predetermined date, at least 28 days before that date,

or, if it is not reasonably practicable to give the notice at least 28 days before whichever date is relevant, as soon as is reasonably practicable.

(5) In a case where regulation 9(4) applies, an employee may only vary the date which he has chosen as the date on which his period of leave will begin by substituting a different predetermined date.

(6) In a case where—

(a) the employee has chosen to begin his period of leave on a particular predetermined date, and

(b) the child is not placed with the adopter on or before that date,

the employee must vary his choice of date, by substituting a later predetermined date or (except in a case where regulation 9(4) applies) exercising an alternative option under regulation 9(3), and give his employer notice of the variation as soon as is reasonably practicable.

(7) An employee must give his employer a further notice, as soon as is reasonably practicable after the child’s placement, of the date on which the child was placed.

(8) Notice under paragraph (1), (4), (6) or (7) shall be given in writing, if the employer so requests.